Burgess v. Burgess

In this case, the father petitioned for visitation with the subject children, born on December 17, 2002, and March 6, 2006. The father alleged that the children resided with the mother in Bay Shore. The father was incarcerated at Woodbourne Correctional Facility.

At an appearance in the Family Court on July 25, 2011, the mother’s attorney moved to dismiss the petition. The Family Court, in effect, denied the mother’s motion and held what it referred to as a hearing on the merits, at which the attorneys for the father, the mother, and the children advanced their clients’ respective positions.…